The Executive

2021 ◽  
pp. 151-175
Author(s):  
Berihun Adugna Gebeye
Keyword(s):  
South Africa ◽  
Conceptual Framework ◽  
Case Studies ◽  
Executive Branch ◽  
Executive Power ◽  
Constitutional Theory ◽  
Discursive Practices ◽  
Constitutional Design ◽  
Comparative Case Studies ◽  
Design And Practice

This chapter focuses on the executive branch in order to explain how legal syncretism influences African constitutional design and practice, using Nigeria, Ethiopia, and South Africa as comparative case studies. The chapter first develops a conceptual framework for the design of the executive and the practice of executive power drawing from liberal constitutional theory. The chapter then explores and examines the design of the executive and the practice of executive power in Nigeria, Ethiopia, and South Africa. The aim is to demonstrate how legal syncretism shapes the executive branches in these countries and how different configurations of legal syncretism have produced imperial executives in Nigeria and Ethiopia, but not in South Africa. By disentangling the discursive practices that bring about and sustain the imperial executives, and by showing the pathologies of constitutional design and practice related to the executive, the chapter defends the idea of a limited executive if constitutionalism is to prosper in Africa.

Federalism

2021 ◽  
pp. 111-150
Author(s):  
Berihun Adugna Gebeye
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Case Studies ◽  
Democratic Values ◽  
Constitutional Democracy ◽  
Discursive Practices ◽  
Institutional Frameworks ◽  
Comparative Case Studies ◽  
Self Rule ◽  
Successes And Failures

This chapter demonstrates—using Nigeria, Ethiopia, and South Africa as comparative case studies—how federalism in Africa shares the forms, structures, and discursive practices of classic federal theory, while, at the same time, it also differs from classic federal theory in its normative articulations and institutional frameworks due to its syncretic configurations. To identify and illuminate the syncretic features of federalism in these countries, the chapter first presents the original logic, formation, and fundamental elements of federalism, as well as the reasons for its successes and failures, as developed in classic federal theory; explores how federalism takes new pathways—in both its original purpose and formation—in Nigeria, Ethiopia, and South Africa; and examines how the fundamental elements of federalism in these countries are a blend of syncretic convergences, adaptations, and innovations. And building on this, the chapter argues why it is necessary to rethink the classic standards for assessing the successes and failures of federalism and proceeds to discuss how this can help to improve the performance of federalism in fostering constitutional democracy in these countries. The chapter concludes by suggesting that if federalism is to ensure the practice of constitutional democracy in Africa, then democratic values, human rights, and constitutionalism should all animate its normative and institutional underpinnings of self-rule and shared rule, as they do in classic federal theory.

The Future of African Constitutional Design and Practice

2021 ◽  
pp. 215-236
Author(s):  
Berihun Adugna Gebeye
Keyword(s):  
Constitutional Reform ◽  
Constitutional Theory ◽  
Constitutional Design ◽  
The Future ◽  
Constitutional Reforms ◽  
Design And Practice

Building on the theses and analyses of the previous chapters, this chapter attempts to bring the elements of legal syncretism to the attention of future African constitutional design and practice. With this objective, the chapter discusses why African constitutional design should take sovereignty seriously and underscores why sovereignty is—and must be—an important aspect of any African constitutional theory; presents some of the major limits or shortcomings of postcolonial constitutional reforms and draws attention to possible future constitutional reform areas; and highlights the potential of some aspects of African constitutional design and practice that can mediate and operationalize the practice and application of plural constitutional values—something that future constitutional design and practice should attempt to consolidate.

Struggles over Land and Authority in Africa

2017 ◽  
Vol 60 (3) ◽  
pp. 105-125 ◽  
Author(s):  
Sara Berry
Keyword(s):  
South Africa ◽  
Case Studies ◽  
National Level ◽  
Political Conflict ◽  
The Other ◽  
Sub Saharan Africa ◽  
Land Allocation ◽  
National Authority ◽  
Comparative Case Studies ◽  
Sub Saharan

Abstract:This article reviews major changes in policies and practices of land allocation and use in sub-Saharan Africa since ca 1990, using two comparative case studies to illustrate their implications for relations between local and national authority. One case contrasts Ghana, where intense local conflicts over land and authority did not translate into political conflict at the national level, with Côte d’Ivoire, where they did. The other compares political strategies and the influence of traditional chiefs in Ghana and South Africa.

A Theory of African Constitutionalism

2021 ◽  
Author(s):  
Berihun Adugna Gebeye
Keyword(s):  
South Africa ◽  
Case Studies ◽  
Women's Rights ◽  
African State ◽  
Executive Power ◽  
Women’S Rights ◽  
Constitutional Rights ◽  
Detailed Case ◽  
African Experience

This book asks and seeks to answer why we need a theory for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. It offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa on important themes like federalism, executive power, and women’s rights. The book aims to bring a new global conversation with a richly African experience as a comparative resource in reimagining the purpose, substance, and scope of constitutions and constitutionalism.

scholarly journals The Lockean Constitution: Separation of Powers and the Limits of Prerogative

2011 ◽  
Vol 56 (3) ◽  
pp. 543-589 ◽  
Author(s):  
David Jenkins
Keyword(s):  
Decision Making ◽  
Public Good ◽  
Separation Of Powers ◽  
Executive Branch ◽  
Decision Makers ◽  
Executive Power ◽  
Constitutional Theory ◽  
Modified Model ◽  
The Public ◽  
Per Se

In the post-9/11 era, many legal scholars have advanced theories of constitutional law that make allowance for unreviewable discretionary decision making by the executive branch, particularly in the context of the “war on terror”. Drawing on Lockean constitutional theory for normative support, the author develops an alternative constitutional model that addresses the problem of discretionary executive power. Locke’s constitution divides political power between the executive and the legislature, with the latter checking and balancing the former. Both the executive and the legislature have a fiduciary trust to act for the public good. Locke closely links the public good and the constitution such that any breach of the constitution is per se a breach of the public good. Therefore, unreviewable decision making by the executive always violates its trust because it is a breach of the constitution. After setting out Locke’s theory of separation of powers, the author presents a modified model that makes the judiciary, in addition to the legislature, responsible for the accountability of executive decision makers. Although the executive retains its prerogative power, it must always remain accountable to the legislature and the courts, even in emergencies.

Constituting Scotland

2016 ◽  
Author(s):  
W. Elliot Bulmer
Keyword(s):  
Constitutional Law ◽  
Constitutional Theory ◽  
Constitutional Design ◽  
Global Trends ◽  
National Movement ◽  
Comparative Constitutional Law ◽  
Constitutional Thought ◽  
Scottish Government ◽  
Historical Trajectory ◽  
Constitutional Tradition

The rise of the Scottish national movement has been accompanied by the emergence of distinct constitutional ideas, claims and arguments, which may affect constitutional design in any future independent Scotland. Drawing on the fields of constitutional theory, comparative constitutional law, and Scottish studies, this book examines the historical trajectory of the constitutional question in Scotland and analyses the influences and constraints on the constitutional imagination of the Scottish national movement, in terms of both the national and international contexts. It identifies an emerging Scottish nationalist constitutional tradition that is distinct from British constitutional orthodoxies but nevertheless corresponds to broad global trends in constitutional thought and design. Much of the book is devoted to the detailed exposition and comparative analysis of the draft constitution for an independent Scotland published by the SNP in 2002. The 2014 draft interim Constitution presented by the Scottish Government is also examined, and the two texts are contrasted to show the changing nature of the SNP’s constitutional policy: from liberal-procedural constitutionalism in pursuit of a more inclusive polity, to a more populist and majoritarian constitutionalism.

Presidential Privilege and the Freedom of Information Act

2019 ◽  
Author(s):  
Kevin M. Baron
Keyword(s):  
Social Learning ◽  
Historical Analysis ◽  
Public Information ◽  
Executive Branch ◽  
Executive Power ◽  
Power Dynamics ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Contemporary Politics ◽  
Government Secrecy

Executive privilege (EP) as a political tool has created a grey area of constitutional power between the legislative and executive branches. By focusing on the post-WWII political usage of executive privilege, this research utilizes a social learning perspective to examine the power dynamics between Congress and the president when it comes to government secrecy and public information. Social learning provides the framework to understand how the Cold War's creation of the modern American security state led to a paradigm shift in the executive branch. This shift altered the politics of the presidency and impacted relations with Congress through extensive use of EP and denial of congressional requests for information. When viewed through a social learning lens, the institutional politics surrounding the development of the Freedom of Information Act is intricately entwined with EP as a political power struggle of action-reaction between the executive and legislative branches. Using extensive archival research, this historical analysis examines the politics surrounding the modern use of executive privilege from Truman through Nixon as an action-reaction of checks on power from the president and Congress, where each learns and responds based on the others previous actions. The use of executive privilege led to the Freedom of Information Act showing how policy can serve as a congressional check on executive power, and how the politics surrounding this issue influence contemporary politics.

Magnetic Current Imaging Techniques: Comparative Case Studies

2004 ◽  
Author(s):  
Olivier Crépel ◽  
Philippe Descamps ◽  
Patrick Poirier ◽  
Romain Desplats ◽  
Philippe Perdu ◽  
...  
Keyword(s):  
Magnetic Field ◽  
Integrated Circuits ◽  
Case Studies ◽  
Flip Chip ◽  
Imaging Techniques ◽  
Optimal Domain ◽  
Magnetic Current ◽  
Comparative Case Studies ◽  
Current Flows

Abstract Magnetic field based techniques have shown great capabilities for investigation of current flows in integrated circuits (ICs). After reviewing the performances of SQUID, GMR (hard disk head technologies) and MTJ existing sensors, we will present results obtained on various case studies. This comparison will show the benefit of each approach according to each case study (packaged devices, flip-chip circuits, …). Finally we will discuss on the obtained results to classify current techniques, optimal domain of applications and advantages.

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